TOWN OF MASHPEE
BOARD OF HEALTH – PUBLIC MEETING
Minutes of the Meeting of Wednesday, Sept. 12, 2007
Board Members Present: Members Absent: Also Present:
Lucy Burton, Chairman Glenn Santos, Vice Chairman Glen Harrington, Health Agent
Lewis Mantel, Clerk
Chairman Lucy Burton called the meeting to order at 7:00 PM.
APPOINTMENTS
7:15 PM – Tim Luzietti – Greenwood Association Pool
Tim Luzietti, President, Luzietti’s Heavenly Pools, introduced himself to the Board and stated that he was representing the Greenwood Association. Mr. Luzietti stated that there was a main drain at the bottom of the pool which had been cemented over. Previously the line to the main drain had been tested and was found to have a leak which was losing water and resulted in an inability to get suction. At that time the decision was made to plug the line. Lewis Mantel suggested that Tim Luzietti pressure-test the line again to determine whether the line is the problem. Tim Luzietti agreed with this suggestion. It was recommended by the Board that a Health Agent be present as a witness at the time of the testing. If the line holds, then a relatively simple fix to the problem is to open up the main
drain again. If the line does not hold, then the problem is in the pipe some place. Tim Luzietti will call the BOH when the testing is scheduled to occur.
7:30 PM - Cape & Islands Engineering – 49 Bluff Avenue- Title V Variances
John Slavinsky, Cape & Islands Engineering, introduced himself to the Board, representing the owners of 49 Bluff Avenue. Cape & Islands is requesting the following 310 CMR 15.405 variances:
1) the proposed soil absorption system will be 5’ off the property line (10’ required)
2) the reserve soil absorption area will be 1’ off the rear property line (10’ required)
John Slavinsky stated that two abutters have been notified as of 9/07/07 and 9/08/07.
Lucy Burton made a motion that the Board approve the variance requests for 49 Bluff Avenue with the following stipulations:
1) no objections received from abutters within the 10-day period of their notification
2) no objections received from abutters not notified
3) no occupancy of the property until a Certificate of Occupancy is issued
4) inclusion of the 7’ variance from the SAS to the sideline, and 16’ variance from the SAS to the foundation
5) the addition of a variance from the reserve to the sideline, to be determined
6) submission of revised plans with cover letter with all revised variances included
Lewis Mantel seconded the motion. All approved.
NEW BUSINESS
1. Sign Warrants. The Board members signed the warrants.
2. Approve Minutes of 8/22/07. The following corrections were made to the 8/22/07 minutes:
1. Page 1, under 7:30 PM – 239 Wheeler Rd., line 5, change the sentence to read: “Since 2001 they have not found any contamination above drinking water standards.”
2. Page 1, under 7:30 PM – 239 Wheeler Rd., line 8, change BOC to VOC
3. Page 2, under 3. 570 Old Barnstable Rd., line 3, change “get” to connect to the existing”
4. Page 2, under 3. 570 Old Barnstable Rd., line 4, delete “until the” and change the rest of the sentence to read, “ or connect to the high school waste water treatment plant.”
5. Page 2, under 3. 570 Old Barnstable Rd., line 7, delete the word “water”.
6. Page 3, under DISCUSSION, 1. 30 Valley Rd., add the following last sentence: “The Board voted to send a “Show Cause” letter to the unlicensed installer.’
7. Page 3, under 2. KI Pill Distribution, line 2, insert the word dispensing” after the word “of”.
8. Page 3, under 2. KI Pill Distribution, line 2, change the second sentence to read: “In other towns participating in over-the-counter distribution programs, public participation at this time is 6% and is unacceptable to the BOH.”
The Board unanimously approved as corrected the minutes of the meeting of 8/22/07.
3. Request to Reduce VOC Sampling in Ashumet Pond – AFCEE
In a letter to Glen Harrington dated 8/23/07, from the Air Force Center for Engineering and the Environment (AFCEE), a proposal is presented to eliminate one of three surface water sampling locations in Ashumet Pond, the proposed location being in the Town of Mashpee. The proposed change would take effect in 2008.
Lewis Mantel stated that he does not agree with the AFCEE contention that, because the walking path to location 95SWAP01 can now only be accessed through an adjacent property and therefore public access to this beach no longer exists, it therefore should be eliminated from the recreational beach monitoring program because it no longer provides data to meet its intent.
Glen Harrington stated that according to DPH, the only hits they had on the pond were at the very bottom of the pond. Glen’s recommendation was that there should continue to be at least one sampling at the bottom of the pond, and one sampling at the surface.
Lewis Mantel made a motion that an alternative method of testing be found to continue the testing. Lucy Burton seconded the motion. All approved.
4. Request for 2007 Food Establishment Permit: Sugar & Spice, Unit 9, Nathan Ellis Hwy
Glen Harrington stated that this is a new food establishment in Dino Mitrokosta’s Plaza, located in the former Honeydew Donut Shop. No final floor plan has been submitted. Dino Mitrokosta’s Serv Safe Certificate has been submitted to cover the new donut shop. Glen Harrington felt that Dino Mitrokosta’s certificate is not sufficient to cover all three food establishments located in Dino Mitrokosta’s Plaza. Dino Mitrokosta cannot be in three places at the same time. In addition, Dino Mitrokosta is moving to Arizona at the end of September.
Lewis Mantel made a motion to approve the Food Establishment Permit for Sugar & Spice, pending receipt of a final floor plan as well as a Serv Safe Certificate for Mark Despotopoulos, the owner of the establishment, with use of paper and plastic dishware only, and inspection by the BOH prior to opening. Lucy Burton seconded the motion. All approved.
5. Request for Temporary Food Establishment Permit: Vito Marotta for Oktoberfest
Glen Harrington stated that Vito Marotta had a Serv Safe Certificate.
Lewis Mantel made a motion to approve the request for a Temporary Food Establishment Permit for Vito Marotta for Oktoberfest, October 6, 2007, pending Health Agent inspection prior to the date of the event. Lucy Burton seconded the motion. All approved.
6. Request for Extension to Repair Housing Violations: Scott Wheeler, 51 Santuit Pond Rd.
Glen Harrington stated that he had inspected the property today with Scott Wheeler. Mr. Wheeler stated that he was bandaiding the property along until he moves down here to retire with his wife in 6 to 7 years. The following critical violations are outstanding to date. They are as follows:
1) The hot water, measured at 136 degrees, is above the required range of 110 to 130 degrees Fahrenheit.
2) The heating oil storage tank was weeping oil at the seams. The oil tank is the source of fuel for the heating system. Therefore if the oil tank is not replaced by 9/15/07, this violation shall be considered a condition that will materially impair the health, safety and well being of the occupants.
3) The bulkhead is rotted with holes large enough for entrance of pests. The metal appeared rotted enough to be considered unsafe and inoperable.
4) No owner-supplied carbon monoxide detector was observed.
5) An infestation of yellow jacket hornets were observed under the trim to the southeast corner bedroom window.
6) The interior fireplace hearth was observed to be cracked. The flu to the fireplace was observed to be inoperable. The chimney outside is cracked and falling away from the dwelling.
7) The electric panel cover was observed to be loose and hanging with exposed wires.
The Board agreed that a chimney sweep should be hired to inspect the structural integrity of the chimney, and to determine whether the furnace flu inside the chimney is continuous and functional or if it is cracked.
Lucy Burton made a motion that no extension be given on the critical items #1 through 5 listed above and that 45 days from the date of 9/05/07 that Scott Wheeler received his letter from the BOH itemizing the outstanding violations, all violations be corrected. Lewis Mantel seconded the motion. All approved.
7. Trial Drug Distribution in Boston
Lewis Mantel reported that a trial distribution of empty trial drug boxes was being conducted within two zip codes in Boston, to determine whether it was feasible to make a mass distribution of the trial drug.
Lucy Burton made a motion to place Dino’s 401 Rt. 151, Mashpee on the agenda. Lewis Mantel seconded the motion. All approved.
8. Dino Mitrokosta - 401 Rt. 151, Mashpee
Glen Harrington stated that Dino is selling the entire property located at 401 Rt. 151, Mashpee. Dino’s engineer is requesting that the timing of the septic repair of the retro fit with denite be delayed until after the sale of the property.
Lucy Burton made a motion that the BOH position regarding the 600 gallons per day regulation is that the regulation requires that the septic system must be upgraded prior to property transfer. Lewis Mantel seconded the motion. All approved.
OLD BUSINESS
1. 38 Shorewood Drive
Glen Harrington reported that the property at 38 Shorewood Drive has been foreclosed. The Sheriff was notified to deliver notices to the owner but instead, notices will be sent to the attorney and the bank to that effect.
DISCUSSION
1. Asher’s Path Landfill.
Glen Harrington reported that the report is still showing two damaged wells. If we need to put in a whole new well on the northern end of the landfill for a gas well, we will need to find out how much that will cost. The overall cost of the contract went up. The surface wells can be repaired, but we cannot have an entire new well installed under the existing contract.
2. 55 Wood Road (Sandalwood)
Glen Harrington stated that this was the property that had the denite system put in, because it had a well on the property. Sandalwood is not in zone 2 and they now have town water so they are not under any requirement to keep the technology. The owners are requesting that the technology be taken out. Glen Harrington will prepare a letter to the property owners stating that they can take out the technology.
3. Meeting with Mashpee Water District
Lewis Mantel reported that after the incident with the Wareham water problem, he had a meeting with Andy Marks at the Mashpee Water District. He and Andy Marks went through the whole procedure that the Mashpee Water District follows. Lewis Mantel stated that he felt comfortable with the procedure followed by Andy Marks.
The next meeting of the Board of Health is scheduled for Wednesday, Sept. 26, 2007, 7:00 PM at Town Hall. As there was no further business, the meeting was adjourned at 8:55 PM.
Respectfully submitted,
Ina G. Schlobohm
Recording Secretary
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